Opinion
September 27, 1988
Appeal from the Supreme Court, Erie County, McGowan, J.
Present — Doerr, J.P., Denman, Boomer, Lawton and Davis, JJ. (Order entered Aug. 26, 1988.)
Order unanimously reversed without costs, petition dismissed and designating petition validated. Memorandum: Absent any allegation of fraud, falsification, or undue influence, the failure of a notary public to administer a formal oath to a party signing a designating petition is insufficient to overcome the presumption of regularity (see, Matter of La Mendola v Mahoney, 49 A.D.2d 798).